Will Writing Malaysia

A will is a legal document in which you declare how your assets (property, money, personal belongings) should be distributed after your death. It only takes effect upon your demise, and until then you can change it anytime. Having a will is important because it ensures your wishes are followed and your loved ones are provided for according to your intentions. Without a will, Malaysian law (Distribution Act 1958) decides who gets what, which might not align with what you want and can lead to delays and disputes​. In short, a will gives you control, peace of mind, and spares your family from unnecessary complications.

Any adult of sound mind can write a will, as long as they meet the legal criteria. In Malaysia, non-Muslim individuals aged 18 or older (21 in Sabah) can legally make a will​. You must be mentally capable of understanding your actions. We’ll help verify that you meet these requirements. (Muslim citizens have to follow Syariah inheritance laws – see below.) Even if you are a foreigner residing in Malaysia, you can write a will here for your Malaysian assets. Our lawyers can advise on ensuring your will is valid and effective, even if you have assets or family in other countries.

No – the Wills Act 1959 and Distribution Act 1958 apply only to non-Muslims in Malaysia​. If you are a Muslim, your estate will be distributed according to Faraid (Islamic inheritance law), and you would typically prepare a wasiat (Islamic will) instead. Muslim wills are subject to different rules (for example, a wasiat can only distribute up to 1/3 of the estate to non-heirs, with the rest following Faraid shares, unless all heirs consent). Chambers of S. Sakthi’s will writing service is focused on civil (non-Muslim) wills. However, if you are Muslim and need guidance, we can connect you with Syariah law experts or advise on other estate planning tools (like hibah or trusts) to complement Faraid distribution.

If you pass away without leaving a will (intestate), Malaysian law dictates how your assets are divided, via the Distribution Act 1958 (for non-Muslims)​ Generally, your closest family members will inherit in fixed proportions. For example, a portion may go to your spouse, a portion to your children, and possibly a portion to surviving parents​. The exact split depends on which relatives survive you. This process requires your family to apply for letters of administration from the court, which can take significantly longer and be more costly than a will-based probate. Your personal wishes or special circumstances won’t be taken into account​– the law applies a one-size-fits-all formula. This could lead to outcomes you wouldn’t have wanted (for instance, an estranged family member still getting a share, or your spouse not receiving enough to live on). That’s why making a will is highly recommended to avoid intestacy. With a will, you decide the distribution and the process for your family is much smoother.

A will does not have an expiration date. It remains valid until you revoke it or sign a new will to replace it. However, certain life events can automatically invalidate your will by law. In Malaysia, if you were single and then get married, your earlier will is revoked (since marriage changes your life circumstances significantly)​. Similarly, if you remarry after a divorce or being widowed, your old will is revoked upon remarriage. Also, if a non-Muslim writes a will and later converts to Islam, that will becomes void because the Wills Act no longer applies​. Aside from these scenarios, your will stays in force indefinitely. We generally advise reviewing your will every few years or whenever you have major changes (like new assets, a new child, divorce, etc.). If updates are needed, it’s easy to make a new will. We can assist with updates to ensure your will always reflects your current wishes.

An executor is the person (or people) you name in your will to carry out your instructions after your death. Choose someone you trust who is responsible and preferably younger or around your age (since they need to outlive you to do the job). Common choices are a spouse, adult child, sibling, or close friend. You can also appoint a professional executor (such as a trustee company or a lawyer) if you prefer independent handling. The executor’s role is crucial – they will manage and distribute your estate according to the will. Key duties of an executor include: locating the original will, applying to the court for a Grant of Probate (official approval of the will)​, gathering all your assets, paying off any debts/taxes, and then distributing the remaining assets to your beneficiaries as specified​.  Finally, the executor prepares a statement of accounts showing how the estate was administered​. If you have many assets or beneficiaries, you may appoint more than one executor to share the responsibilities (they can act jointly). We will discuss executor choices during your will planning. And don’t worry – being an executor doesn’t mean they have to do it all alone; they can always consult lawyers (like us) for guidance during the probate process.

Yes, absolutely. It’s very common in Malaysia for a primary beneficiary (like a spouse or adult child) to serve as the executor of the will​. This makes sense as they have a vested interest in making sure the estate is handled properly. The law allows it – being an executor might involve some paperwork and court procedures, but we can guide your executor when the time comes. Just remember, a beneficiary should not be a witness to the will (witnesses should ideally be people who do not stand to inherit)​. But beneficiary as executor is fine. We often draft wills where, for example, a wife and husband name each other as executors and beneficiaries. We’ll advise what’s best in your situation.

You need two (2) witnesses to witness the signing of your will​. They must be adults (18 or older), of sound mind, and not blind (since they need to see you sign). It’s best to choose people who are not beneficiaries under your will and not married to beneficiaries​. This is because, by law, if a beneficiary (or their spouse) witnesses the will, any gift to that beneficiary in the will becomes void​. The will itself would still be valid, but that witness-beneficiary would lose their inheritance from the will. To avoid any issues, pick impartial witnesses – friends, colleagues, or your lawyer/firm staff can serve. At the will signing, all three of you (you and the two witnesses) should be present together. You will sign the will, and then each witness signs as well in everyone’s presence​. We will ensure this process is done correctly and can provide independent witnesses if needed. Tip: After signing, let your executor or a family member know who the witnesses are, in case verification is needed later.

Yes, you can. If you own properties or bank accounts in other countries, you may include them in your Malaysian will. However, the will may need to go through additional steps to be recognized abroad. Often, if a will is proved in a Commonwealth country, the executor can re-seal the grant of probate from that country here in Malaysia, or vice versa​. In practical terms, if you have a will covering assets in multiple countries, your executor might need to reseal the Malaysian probate in the foreign country to access those assets​. Some people choose to make separate wills for different countries to simplify the process (especially for immovable assets like real estate overseas, which are subject to the law of the place they are located). It’s wise to get legal advice for each jurisdiction. We can coordinate with foreign lawyers if necessary to ensure your overseas assets are smoothly passed on. During our planning, please inform us of any non-Malaysian assets – we’ll draft your will in a way that best accommodates them (or advise if a separate will abroad would be beneficial).

If you made a will in another country and later have assets or residence in Malaysia, that will might be valid here if it was executed according to the law of that country and meets basic Malaysian requirements. Malaysia may accept a foreign will under certain circumstances, especially if it’s in English and from a common-law jurisdiction. The foreign will would still need to go through a court process: your executor would apply for the foreign probate to be resealed in the Malaysian High Court​. Once resealed, it has the same effect as a local grant of probate. However, if the foreign will doesn’t align with Malaysian law formalities, or if it deals with Malaysian real estate, it could face complications. Our recommendation: if you have moved to Malaysia or acquired substantial assets here, it’s often best to write a Malaysia-specific will for local assets. This avoids any uncertainty. We can review any existing foreign will you have and advise whether you should create a separate Malaysian will or if your foreign will is sufficient.

You are free to change your will whenever you like, as long as you’re mentally capable. The simplest way to change your will is to make a new will, which will include a clause revoking all prior wills. The latest dated will is the one that will be considered valid​. You can also add a codicil (an amendment) to an existing will, but these days it’s usually cleaner to just sign a fresh will for clarity. To cancel (revoke) a will without making a new one, you can destroy the original will intentionally (tearing or burning it with the intent to revoke)​, or write a formal revocation declaration signed with the same witnessing formalities. If you engage us to draft your will, we can assist you later on with any updates or new wills. Many clients update their wills due to new children, a change in marital status, or acquiring new significant assets. We keep your will on file, so updating it is straightforward – we can use your previous document as a base and modify it as needed, then arrange for signing. It’s wise to revisit your will every few years or whenever major life events happen.

We pride ourselves on offering high-quality yet affordable will writing services. The cost can vary depending on the complexity of your estate (for example, number of beneficiaries, foreign assets, testamentary trusts, etc.), but we charge a flat fee for most standard wills. This means you’ll know the total cost upfront. Our fees are very competitive compared to typical legal firms – we aim to provide cheap will writing services in the sense of being budget-friendly, while maintaining top professional standards. To get an exact quote, it’s best to contact us for a free consultation. After we understand your needs, we’ll give you a no-obligation fee quote. Rest assured, investing in a properly drafted will is worth it – it can save your family thousands in the long run by avoiding legal pitfalls. And with our transparent pricing, there are no surprises.

Technically, yes. You are allowed to write your own will (this is called a holographic will if entirely handwritten) or use a basic template. However, proceed with caution. Many DIY wills end up being invalid or unclear because they don’t meet legal formalities or use imprecise language. For example, you might forget to include a residuary clause, causing part of your estate to fall into intestacy, or you might inadvertently have a beneficiary sign as a witness, voiding their gift. Even small mistakes can lead to big problems, including family disputes or court battles to interpret the will. As one legal commentary notes, a testator is well advised to seek professional assistance when writing a will to avoid pitfalls that could render it invalid or open to challenge​. Engaging a lawyer ensures your will is done right the first time. Our service is designed to be cost-effective and convenient, so you don’t have to go it alone. That said, if you have a very simple situation and choose to write your own will, we strongly urge you to educate yourself on the Wills Act requirements and perhaps have a lawyer review it.

The original signed will is the only legally operative document (copies aren’t used by the court), so it’s vital to store it safely. You have a few options:

• Keep it in a secure place at home (waterproof/fireproof safe) and tell a trusted family member or friend where to find it.

• Deposit it with your lawyer – at Chambers of S. Sakthi, we can hold your will in our firm’s fireproof safe at no extra charge, and your executor or next-of-kin can retrieve it when needed.

• Use a will custody service or safe deposit box.